This Agreement requires that the United States continue to meet the legislative definition of a safe third country. This definition includes a requirement to meet a “high standard with respect to the protection of human rights” and the maintenance of an “open democracy with independent courts, separation of powers and constitutional guarantees of essential human rights and fundamental freedoms.”

President Trump’s Executive Order banning refugees from seven mostly Muslim countries from entering the U.S. for 90 days represents a serious challenge to this legislative definition of a safe third country. Trump’s statements during his election campaign that he is open to considering the use of torture provides further evidence of this challenge. Therefore, Canada must exercise its right under the terms of this Agreement to suspend it for three months, pending review.

This action would represent a concrete step in your government’s stated commitment to welcoming those who are fleeing persecution and war, regardless of their religious background.